SCS’s Mike Miller explains the impact of the new ASTM E1527-21 Due Diligence Standard. Mike covers the history, CERCLA, defenses, and the changes impacting due diligence in the new Standard in this video. Watch it here. Use chapters in the timeline to jump from topic to topic at these start points:
Learn more about Environmental Due Diligence and All Appropriate Inquiries, and meet Mike Miller, SCS’s National Expert. Today’s commercial real estate transactions must take environmental issues into consideration. Complex laws can impose significant environmental liabilities on purchasers, sellers, and lenders, whether or not they caused the problem, and whether or not they still own the property. Environmental Engineers can help protect you and your investment.
SCSeTools® – Developed by Landfill Gas Practitioners for Landfill Owners and Operators
The Birth of LFG Data Tracking
In the early 2000s tracking landfill gas data at facilities was anything but uniform, organized, or secure. The industry was using various methods to track data on paper forms and logbooks, then transferring it by hand into spreadsheets. Some of us used desktop database applications, but as the saying goes, necessity is the mother of invention.
From an SCS employee’s idea for demonstrating how to use landfill gas monitoring data to analyze and pinpoint system corrections, SCS DataServices® was born. In the span of several months, a team of SCS’s landfill engineers, field technicians, and technology gurus worked with client-needs to create a concept application visualizing collected landfill data on maps. Our staff field-tested it with good results, and SCS Field Services began using the application to visualize issues with wellfields that aren’t readily apparent when looking at spreadsheets.
A large SCS landfill client had seen our field staff using DataServices, asked if SCS would consider providing them with access to the application on a subscription basis. Our team adapted DataServices, added features, and continued improvements tailored for the client’s use.
As soon as secure data transfer became feasible, SCS moved to an Internet-based solution for our landfill gas practitioners. The platform called SCSeTools® holds the data collected by SCS DataServices®.
Applications and features roll out as we continually update and upgrade, incorporating ideas and improvements from our users and staff along the way. DataServices is addressing the landfill gas management needs of over 600 landfills across the US and Canada in 2021.
The keys to success follow our mission and values of maintaining close communications with our clients, field staff, engineers, and eTools support staff (all landfill gas practitioners), with the help of software engineers. Technology companies are not up at night thinking about landfill operations, but we are.
We introduce our SCS eTools landfill technology capabilities and a few of the creative and talented SCSers behind the technology in the next segment. Our speakers walk you through demonstrations of how over one-third of the landfill owners and operators in North America are increasing efficiencies using SCS eTools.
Visualizing Landfill Challenges – Shortcuts to Keeping Your Wellfield in Balance
DataServices shows the entire wellfield for any monitored parameters and zooms in on troublesome areas or wells. Results can be as simple or detailed as the landfill owners’ environmental and business needs dictate. The detailed examples here illustrate how graphs, maps, and charts help keep the wellfield in balance. We link each challenge to the description of a video demonstration.
In balance means extracting more gas for renewable energy, preventing odors and methane migration, keeps subsurface and surface conditions and workers safe. The information can help diagnose equipment conditions before they become costly, maintain regulatory compliance, and support cost estimates if the landfill is expanding or more infrastructure investment or equipment is needed.
Looking at vacuum distribution across a gas collection system – Select the system pressure map, which highlights vacuum distribution across the wellfield to show the wells with good (expected) vacuum, pressure drop over distance, and any wells unexpectantly losing vacuum. Zooming in and changing the vacuum ranges further enhances where to assign staff to troubleshoot any identified issues.
Using a methane distribution map shows whether the wells are tuned to where the landfill owner wants them. Wells may be identified below the targeted range, indicating slight over pulling; a technician can use this map to identify such issues and quickly check the identified wells. Wells identified above the desired methane tuning range indicate wells not collecting enough gas, which has consequences. These wells can be the source of odors, leachate seeps, possible lateral migration to an out of waste probe. Not sending enough fuel to a power plant or atmospheric releases can affect surface emissions monitoring.
Managing liquids – Changing waste streams and more rainfall in certain areas of the country complicates liquids management. DataServices visualizes the impacts of liquids on wells and helps landfill owners better manage a proper liquids removal program. The program will let them know how many pumps to budget for and, over time, where to relocate well dewatering pumps so that they are most efficient at removing liquids from landfills.
High-BTU Gas Plants –Filter maps help users locate wells contributing to gas dilution into renewable energy plants. It can help create punch lists for landfill staff to investigate, troubleshoot and tune. As wellfield technicians make corrections, they show on the map in real-time.
Temperature and subsurface oxidation events – Some call the condition subsurface fires, but this is a serious issue for landfills. Over-pulling wells, damaged infrastructure, and other conditions can cause oxidation events. Using a combination of temperature Parameter Maps to review wellhead temperature distribution and a Points Chart feature provides a deeper dive into the data. It provides more insight into which well or wells may be contributing to the high-temperature issues.
Locating a specific well – That’s not so easy when hundreds of wells surround you and at larger landfills. DataServices had built-in filter features to identify a single monitoring point on a wellfield map easily.
Customizing for compliance, best practices, and rules – DataServices allows monitoring points across a single site to have customized rules for each monitoring point. Rules can be for regulatory purposes, standard operating procedures, best management practices, and even site-specific preferences or any combination thereof. It is efficient to customize rule application to landfills and collection points – meaning wells, probes or ports, horizontal collectors. This customization capability helps organize and confirm regulatory compliance. It is especially salient with the 2021 EPA and state compliance changes for a single landfill or an organization with hundreds of landfills.
MobileForms – Inspection forms, blower flare station monitoring forms, load tracking from municipalities, incoming hazardous waste tracking, MRF bale counts are examples of paperless entry available. The data feeds directly from mobile phones to the supervisor and into the maintenance department, so staff can start cataloging and looking at what’s going on in real-time at several types of facilities. It’s available for regulators and inspections and helps reduce staff hours tabulating and centralizing the information. Any information historically captured on a form or log attached to a clipboard can now be captured and stored electronically. From there, it can be recovered and produced as a PDF export file or data from the forms used to trend data and help make informed operational decisions.
MobileTools – DataServices in a condensed format suitable for mobile devices. Field staff use MobileTools to save time formerly used to return to the office, transfer/transcribe the collected data and upload it to a supervisor for quality checks before storage. Technicians can now recall the last 20 readings for any given well and review trend graphs on their phones or tablets while standing adjacent to the well they have questions about and need to access the data. MobileTools also allows them to upload field data such as liquid level readings while the data is being collected. The information instantly populates into DataServices and is available for review by others on the project team.
The most valuable tools are in development now for release in 2022. ARC GIS integration developed under SCS RMC® will further enhance DataServices with even better visualization and location capabilities and provide enhanced features such as allowing landfill owners to see their well as-built information and view subsurface information about their wells.
Learn more at SCS Engineers, where we adopt our clients’ environmental challenges as our own.
Fast-growing small to medium-sized businesses that use common chemicals and generate waste may be at risk for fines because they’ve grown into unfamiliar regulatory territory. Recently while helping a small business experiencing rapid growth, it occurred to me that many small and mid-size businesses generate waste that meets the EPA’s definition of “hazardous waste,” and the EPA is uncompromising when it comes to managing and disposing of hazardous waste.
While there are somewhat complicated requirements for storing hazardous waste at businesses and facilities, understanding them to maintain reasonable insurance rates and a safe work environment is worth every minute of your time. You’ll not only avoid fines, but your workers can easily avoid creating unsafe work conditions. My blog intends to help simplify the regulations to begin looking at your business as it is growing.
First, let’s define the terminology.
There are exceptions to these terms, but these are the basics to help the average business manager understand a complex and complicated set of regulations.
The basics of understanding hazardous waste storage and management
There are many requirements for storing and labeling waste and issues related to safety, like not storing acids in metal containers or storing two incompatible wastes close together that could react and cause a fire or explosion.
For our purposes, remember that you must have a single dedicated hazardous waste storage area, and the storage area is subject to many design, construction and operating requirements.
Each type of Generator has a storage time limit and must dispose of hazardous waste from a facility or business before the deadline. Large Quantity Generators have 90 days from placing the first waste in the storage container (accumulation start date), and Small Quantity Generators have 180 days. It is mandatory to write the accumulation start date on the container label when the first waste goes inside.
Realistic Safety Protocols
For small to medium-sized businesses Generators, it isn’t practical to have employees carrying small containers of waste to a storage area each day or at the end of each shift. It’s inefficient and could lead to the accidental mixing of incompatible wastes. It is better to have one or two trained staff responsible for placing wastes in storage containers and keeping the labels current. To help, the EPA allows for “Satellite Accumulation” of hazardous waste at the point of generation (the shop, workstation, etc.). A facility can have multiple Satellite Accumulation areas, but each area must meet these requirements:
A Growing Small Business Case Study
As mentioned earlier, let’s discuss the real-world example that got this blog started. A company started a metal container painting operation and was not familiar with hazardous waste regulations. Like many, starting as a very small operation, they were lucky, and the business grew larger over a short period.
Along with growing business comes a growing facility to accommodate it, but managing all the change creates an opportunity for some things to slip between the cracks. Employees didn’t know they could not toss partially filled paint and solvent containers in the facility’s dumpster.
During an EPA inspection, the company was subject to an enforcement action for failing to characterize their waste and improper disposal of hazardous waste, among other violations. The inspection results spurred business fines, and although the EPA has the option of pursuing criminal charges, they did not in this case.
Simple, Practical Steps to Compliance
Upon review of the records, tour of the facility, and understanding the workflow, the company took the recommended actions creating satellite accumulation areas and a hazardous waste storage area. Starting with establishing the storage area first, we also obtained an EPA ID number for the facility.
The next important step is training employees on the hazardous waste requirements pertaining to their jobs. Because some of the paint is water-based (typically non-hazardous), the facility now trains its employees to separate water and solvent-based paints and waste products, saving on disposal costs.
The company knows it is growing at a rate that will generate more than 1,000 kg/month of paint and solvent waste; therefore, it makes sense to register as a LQG. One employee is now in charge of hazardous waste management.
There are five bulk paint stations and a touch-up operation for small parts, so six satellite accumulation areas are now functioning. Each area has a 30-gallon waste container to prevent accidental accumulation of more than 55 gallons. Busy painters tend to put waste in buckets if the drum fills before their shift ends. At the end of each shift, the hazardous waste manager checks each satellite accumulation area and transports full or nearly full containers to the hazardous waste storage area.
For less than the cost of the final negotiated fine and legal fees, the facility has a compliant program and is receiving very favorable regulatory inspections.
If you want to dive into the details of this topic, this link to an EPA Frequently Asked Questions webpage may be of interest: https://www.epa.gov/hwgenerators/frequent-questions-about-hazardous-waste-generation.
About the Author: Jim Oliveros, P.G is a Project Director in SCS Engineers Environmental Services practice. He has over 35 years of experience in the environmental consulting field, including hazardous waste permitting, compliance, and corrective action. Jim is experienced in conducting assessment and remediation of contaminated properties, completing multimedia compliance audits, assisting with waste stream identification, characterization and management; and, federal and state regulatory policy. He embodies SCS’s culture of delivering great results to his clients, on time and within budget.
SCS Engineers now provides the Augusta Environmental Services Department with engineering, environmental and testing, and Construction Management & Quality Assurance Services at the Deans Bridge Road Landfill, in Blythe, Georgia. The facility operates under the State of Georgia Environmental Protection Division as a Subtitle D Landfill, accepting up to 1,500 tons per day of waste. Active and closed sections of the landfill comprise approximately 1,177 acres of property. Some additional acreage contains ancillary facilities such as office and maintenance buildings, customer drop off area, sediment ponds, roads, and leachate holding facilities. The Augusta Department of Environmental Services is responsible for the landfill facilities, solid waste management planning for Augusta, and all residential solid waste collections. Additionally, the Department is responsible for the Augusta Brownfield program and other environmental compliance issues.
Landfills are carefully engineered facilities closely regulated and monitored to ensure they have the protections necessary to prevent contamination of groundwater, air, and adjoining land. Best landfill management practices include collecting and treating leachate – the water that passes through a landfill. The methane gas naturally produced from decomposing landfill waste is collected and converted into various forms of energy – including compressed natural gas. This alternative fuel powers Augusta Solid Waste trucks or is a substitute for pipeline natural gas.
The Department consolidated all landfill services assigning them to SCS Engineers, a professional environmental consulting firm with over 50 years of experience in performing landfill site acceptability studies, landfill design services, landfill environmental compliance activities. The firm was already engaged in the Landfill’s Gas Collection and Control System (GCCS) expansion. The consolidation of services provides a more cost-effective approach for permitting, design, operations, monitoring, and maintenance. The comprehensive SCS team is a uniquely qualified and experienced full-service consulting and engineering team with demonstrated relevant field experience in Georgia. Leading the team is Sowmya Bulusu, a Georgia Professional Engineer, with over 12 years of landfill engineering performed in accordance with the Environmental Protection Division (EPD) of the Georgia Department of Natural Resources, the Georgia Solid waste management Act, and other applicable federal, state, and local rules and regulations. As the Project Director, Carlo Lebron is a registered Georgia Professional Engineer for 15 years bringing over 21 years of experience on over one hundred solid waste projects.
“The SCS team brought the five-year permit review submittal package in early, giving Georgia’s Environmental Protection Division plenty of time to deem it administratively complete,” stated Sowmya Bulusu. “Working with our field technicians, we quickly identified and brought at-risk gas wells into compliance, used our drones to provide an aerial survey of the entire landfill, saving Department funds.”
SCS Engineers’ environmental solutions directly result from our experience and dedication to solid waste management and other industries responsible for safeguarding the environment. Click for more information about comprehensive landfill services.
SCS Engineers’ newest environmental technology application is for use at solid waste facilities and landfills. These sites require specific monitoring and analyses of groundwater and liquids, landfill gas – LFG, and surface emissions critical to facility infrastructure and the environment.
“We work side-by-side with our clients at hundreds of facilities nationwide. SCS MobileTools® supports operating decisions, whether our client is managing one site or hundreds,” states Pete Carrico, senior vice president and assistant director of SCS Field Services.” The App’s interface gives clients quick access to information that drives critical operating decisions and provides data for corporate directives and landfill gas OM&M programs for regional or national operations.
SCS MobileTools® is the iOS and Android mobile interface for the SCSeTools® platform. Access to data to make informed decisions is especially valuable when technicians are in the field, or operators are working remotely. Landfill and solid waste facility owners, operators, and technicians use the new application to observe system and environmental activity securely and in real-time on a mobile phone or device.
Featuring state-of-the-art technology, SCS MobileTools® provides users the ability to interact with a site or facility data, including site-specific monitoring and exceedance metrics for landfill gas, liquid levels, and surface emissions. Responsive, touch-enabled flow data charting is accessible, illustrating flow targets, reading dates, flow rates, and historical flow data analysis.
When compared year-over-year, generation and disposal trends produce information critical to assessing optimal options and solutions that represent significant savings for landfill gas Operations, Maintenance & Monitoring – OM&M programs. For this reason, the savings compound for regional or national operators.
For instance, monitoring and analyzing landfill gas generation and collection data against modeled estimates are valuable information. SCS MobileTools® handles the input, analysis, review, and export of landfill gas flow and related information, specifically flow rates, impacts on gas collection (e.g., extraction well liquid levels), and analytical data for data collection points.
In SCS’s release pipeline, SCS MobileTools® will include mapping and visualization functions in early 2021. SCS MobileTools® is available for download on the Apple App Store for iPhones and iPads, Google Play for Android.
On Tuesday, November 10th, SCS Engineers announced the promotion of Sandra Ripplinger to Director of Health & Safety. Sandy will oversee all industrial health and safety guidance and training for the SCS employee-owners in her expanded role, reporting to the Board of Directors and Chief Financial Officer Curtis Jang.
Ms. Ripplinger is a Board Certified Industrial Hygienist (CIH) and Safety Professional (CSP) with three decades of experience providing occupational and environmental health and safety services. She is currently also a Project Director with SCS’s Environmental Health Services Practice in Henderson, Nevada.
Her experience includes providing industrial hygiene expertise for industrial facility health and safety audits, process safety management audits, training, environmental evaluations preventing worker exposure. “Sandy has done a great job strengthening our clients’ safety programs and evaluating the risks to prevent accidents,” said Curtis Jang. “She is a strong leader, and I’m confident she will guide our employees with ever-smarter Industrial Health and Safety (IHS) protocols.”
“I am looking forward to working with our team of business unit directors and IHS professionals, continuing to make improvements that benefit our staff and clients,” Ripplinger said. “Safety and industrial safety are an important part of people’s lives, and SCS is committed to continuing delivery of our services in line with legal compliance, industry guidelines, and our clients’ business needs.”
CERLCA Jurisdiction and PRP Definition
A recent Meyers | Nave publication discusses the Supreme Court’s April 20, 2020 decision in Atlantic Richfield Co. v. Christian. The firm suggests the decision adds another layer of complexity to the Comprehensive Environmental Response, Compensation, and Liability Act – CERCLA, liability issue. The decision opens the door for state courts to hear claims that challenge EPA-defined approved clean-ups and has the potential to expand the “potentially responsible party” – PRP class for current “owners” of a “facility.”
The Court’s decision introduces new considerations into CERCLA liability analysis and settlement strategy. The Court’s holding will have many immediate ramifications, including the following:
Clean Water Act Developments
In April, the courts and federal agencies announced major developments significantly affecting regulation under the Clean Water Act – CWA and how the CWA may be applied in the future.
Each of these developments could have far-reaching implications for regulations under the CWA. Assuming the 2020 Rule withstands legal challenges, it is seen as favorable for industry and other regulated entities, while the two judicial decisions are perceived as problematic for such entities. Davis Graham & Stubbs describes each development in more detail in the firm’s recently published article.
MATS Supplemental Cost Finding and Clean Air Act RTR
On April 16, 2020, the U.S. Environmental Protection Agency (EPA) finalized the 2016 Supplemental Cost Finding for the Mercury and Air Toxics Standards – MATS, for coal- and oil-fired power plants, consistent with a 2015 U.S. Supreme Court decision. The agency also completed the Clean Air Act-required residual risk and technology review – RTR, for MATS. According to the EPA power plants are already complying with the standards that limit emissions of mercury and other hazardous air pollutants (HAPs), and this final action leaves those emission limits in place and unchanged.
However, with this final action, EPA is not removing coal- and oil-fired power plants from the list of affected source categories for regulation under section 112 of the Clean Air Act, consistent with existing case law. Those power plants remain subject to and must comply with the mercury emissions standards of the MATS rule, which remains fully in effect notwithstanding the revised cost-benefit analysis.
In addition, EPA has completed the required RTR for MATS and determined no changes to the rule are needed to further reduce residual risk. The RTR satisfies the statutory requirements set out by Congress in the Clean Air Act. More information is available on EPA’s Mercury and Air Toxics Standards website.
Proposal to Retain NAAQS for Particulate Matter
On April 14, 2020, the U.S. Environmental Protection Agency – EPA announced its proposal to retain, without changes, the National Ambient Air Quality Standards – NAAQS for particulate matter (PM) including both fine particles (PM2.5) and coarse particles (PM10).
According to the EPA because of Clean Air Act programs and efforts by state, local and tribal governments, as well as technological improvements, average PM2.5 concentrations in the U.S. fell by 39 percent between 2000 and 2018 while average PM10 concentrations fell by 31 percent during the same period.
EPA states it is following the principles established to streamline the NAAQS review process and to fulfill the statutory responsibility to complete the NAAQS review within a 5-year timeframe. More information about the rule can be found at EPA’s: National Ambient Air Quality Standards (NAAQS) for Particulate Matter (PM) Pollution website.
EPA will accept public comment for 60 days after the proposed standards are published in the Federal Register. EPA plans to issue the final standards by the end of 2020.
U.S. Greenhouse Gas Emissions and Sinks Inventory Announcement
The Environmental Protection Agency’s annual report, “Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2018,” provides a comprehensive look at U.S. emissions and removals by source, economic sector, and greenhouse gas – GHG. The gases covered by this inventory include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and nitrogen trifluoride. The inventory also calculates carbon dioxide emissions that are removed from the atmosphere by “sinks,” e.g., through the uptake of carbon and storage in forests, vegetation, and soils.
On April 13, 2020, the EPA’s comprehensive annual report on nationwide GHG emissions released to the public. It shows that since 2005, national GHG emissions have fallen by 10%, and power sector emissions have fallen by 27%.
“While there was a small rise in emissions due to weather and increased energy demand from the prior year in this report, based on preliminary data, we expect next year’s report to show that the long-term downward trend will continue,” said EPA Administrator Andrew Wheeler.
According to the announcement, annual trends are responsive to weather variability and economic conditions. Year-over-year, national GHG emissions were 3% higher in 2018 than the prior year, due to multiple factors, including increased energy consumption from greater heating and cooling needs due to a colder winter and hotter summer in 2018 compared to 2017.
According to environmental and research groups, driving the drop’s long-term downward trend is chiefly due to a shift away from coal power generation. The 2019 drop was driven by a nearly 10 percent fall in emissions from the power sector, the biggest decline in decades [Rhodium Climate Service]. Utilities are closing coal plants in favor of cheaper natural gas and renewable energy.
Emissions from industry rose slightly last year, and are now greater than those from coal-fired power plants, most driven by a strong economy. Emissions from buildings were up, and emissions from other sectors of the economy collectively grew by more. The shift to lower-carbon energy is largely restricted to the electricity sector, and in order to meet international and state goals, state policies continue to target other sectors that collectively make up a majority of U.S. emissions.
More information is available at EPA’s website Inventory of U.S. Greenhouse Gas Emissions and Sinks.
For more information about potential impacts to waste, energy, or manufacturing please contact your nearest SCS Engineer’s office or your Project Manager.
EPA has issued a revised NESHAP standard for municipal solid waste landfills. The new rule reflects EPA’s conclusions regarding the residual risk and technology rule, resolves confusion created when the previous rule was not updated at the same time as the landfill NSPS and updates landfill gas well head criteria for temperature. EPA is also clarifying that the standards are applicable during periods of startup, shutdown and malfunction, and requiring electronic reporting of performance test results.
This action finalizes the residual risk and technology review (RTR) conducted for the Municipal Solid Waste (MSW) Landfills source category regulated under National Emission Standards for Hazardous Air Pollutants (NESHAP) contained within 40 Code of Federal Regulations (CFR) Part 63, Subpart AAAA. Additionally, the U.S. Environmental Protection Agency (EPA) is taking final action to:
The EPA is also finalizing minor changes to the MSW Landfills NSPS and Emission Guidelines (EG) and Compliance Times for MSW Landfills contained within 40 CFR Part 60, Subparts XXX and Cf. Specifically, the EPA is finalizing provisions to the most recent MSW Landfills NSPS and EG that would allow affected sources to demonstrate compliance with landfill gas control, operating, monitoring, recordkeeping, and reporting requirements by following the corresponding requirements in the MSW Landfills NESHAP. According to EPA, these final amendments will result in improved compliance and implementation of the rule and eliminate some of the confusion created by the previous version of the EPA rule.
We’ve pulled this information from the Final Amendments to Air Toxics Standards for Municipal Solid Waste Landfills and SCS will publish an SCS Technical Bulletin on our blog and social media sites. Please contact your Project Manager for details specific to your operation.
Approximately 738 MSW landfills are subject to the NESHAP.
On February 25, 2020, EPA finalized amendments to the 2003 NESHAP for MSW Landfills. EPA issued air toxics standards for the MSW Landfills source category in 2003 that established emission limitations based on maximum achievable control technology (MACT) standards for hazardous air pollutants (HAP) from major and area sources.
The rule required MSW landfills greater than 2.5 million megagrams (Mg) and 2.5 million cubic meters with uncontrolled emissions greater than 50 Mg/year of non-methane organic compounds (NMOC) to install and operate a gas collection and control system (GCCS). Most emissions from MSW landfills come from the continuous biodegredation of the MSW. Landfill gas contains methane, carbon dioxide and more than 100 different NMOC, including, but not limited to, vinyl chloride, ethyl benzene, benzene and toluene.
Based on the RTR, EPA is finalizing no changes to the existing standards because the agency determined the risks to be acceptable with an ample margin of safety to protect public health and the environment. In addition, EPA did not identify any new cost-effective emission controls for MSW landfills. However, EPA is finalizing several minor amendments to reorganize and streamline requirements for MSW landfills that will improve the clarity, compliance and implementation of the rule. These include:
The Clean Air Act (CAA) requires EPA to regulate toxic air pollutants, also known as air toxics, from categories of industrial facilities in two phases. The first phase is “technology-based,” where EPA develops standards for controlling the emissions of air toxics from sources in an industry group or “source category.” EPA bases these MACT standards on emission levels that are already being achieved by the best-controlled and lower-emitting sources in an industry. Within 8 years of setting the MACT standards, the CAA directs EPA to assess the remaining health risks from each source category to determine whether the MACT standards protect public health with an ample margin of safety and protect against adverse environmental effects. This second phase is a “risk-based” approach called residual risk. Here, EPA must determine whether more health-protective standards are necessary.
Every 8 years after setting MACT standards, the CAA requires EPA to review and revise the standards, if necessary, to account for improvements in air pollution controls and/or prevention and to address any residual risks that still remain after the MACT is implemented.
The CAA requires EPA to assess the risk remaining after application of the final air toxics emission standards; known as a residual risk assessment. Based on the completed risk assessment, available health information, and associated uncertainties, EPA determined risks from the MSW Landfills source category are acceptable and provide an ample margin of safety to protect public health. EPA estimates the maximum individual lifetime cancer risk for inhalation for the source category to be less than 10-in-1 million.
The CAA requires EPA to assess, review and revise air toxics standards, as necessary, taking into account developments in practices, processes and control technologies. The technology review of the standards for MSW Landfills did not identify any developments that would further reduce HAP emissions beyond the original NESHAP.
Download a copy of the final rule notice from EPA’s website at the following address: https://www.epa.gov/stationary-sources-air-pollution/municipal-solid-waste-landfills-national-emission-standards.
SCS will publish an SCS Technical Bulletin on our blog and social media sites. Please contact your Project Manager for details specific to your operation.
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National Emission Standards for Hazardous Air Pollutants: Stationary Combustion Turbines Residual Risk and Technology Review 40 CFR Part 63
This action finalizes the residual risk and technology review (RTR) conducted for the Stationary Combustion Turbines source category regulated under national emission standards for hazardous air pollutants (NESHAP). In addition, EPA is taking final action addressing requirements during periods of startup, shutdown, and malfunction (SSM)
and to add electronic reporting requirements.
The EPA is finalizing its proposed determination that the risks from this source category due to emissions of air toxics are acceptable and that the existing NESHAP provides an ample margin of safety to protect public health. The EPA is also finalizing its proposed determination that EPA identified no new cost-effective controls under the technology review that would achieve further emissions reductions from the source category.
This final rule is effective on March 9, 2020. The incorporation by reference (IBR) of certain publications listed in the rule is approved by the Director of the Federal Register as of March 9, 2020.
For questions about this final action and electronic reporting requirements, contact:
For specific information regarding the risk modeling methodology, contact Mark Morris, Health and Environmental Impacts Division (C539-02), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, email address: .
For information about the applicability of the Stationary Combustion Turbines NESHAP to a particular entity, contact Sara Ayres, Office of Enforcement and Compliance Assurance, U.S. Environmental Protection Agency, email address: .
The environmental reporting season is just around the corner. Every year Ann O’Brien publishes a table to help you determine your reporting obligations. The table summarizes the most common types of environmental reports due to environmental regulatory agencies in Illinois, Indiana, and Wisconsin, along with respective due dates.
The professional engineers and consultants at SCS Engineers can help you navigate the local, state, and federal reporting obligations and permitting for your business, in your region, and in your industry. Contact us at or find a professional like Ann, nearest you.
Ann O’Brien is a Project Manager with SCS Engineers with more than 30 years of experience in the printing industry. Ann’s experience includes air and water quality permitting, environmental recordkeeping, reporting and monitoring programs, hazardous waste management, employee EHS training, environmental compliance audits, and environmental site assessments and due diligence associated with real estate transactions and corporate acquisitions.